A contract between Petitioner and beneficiary
Submit a copy of a written contract or a summary of the terms of the oral agreement of employment for which the beneficiary will be employed.
Note: USCIS will accept an oral contract, as evidenced by the summary of the elements of the oral agreement. Such evidence may include but is not limited to
- emails between the contractual parties,
- a written summation of the terms of the agreement, or
- any other evidence which demonstrates that an oral agreement was created.
Evidence demonstrating O-1 eligibility
The Petitioner must submit evidence demonstrating extraordinary abilities in the sciences, arts, business, education, athletics, or extraordinary achievement in the motion picture industry. The record must include at least three different types of documentation corresponding to those listed in the regulations or comparable evidence in certain circumstances. The evidence must, as a whole, demonstrate that O-1 beneficiary meets the relevant standards for classification.
Itineraries – The Petitioner must explain –
- The nature of the events or activities (in the beneficiary’s field of extraordinary abilities)
- The beginning and ending dates for the events or activities, and
- A copy of any itinerary for the events or activities, if applicable.
Petitioner also needs to demonstrate that the beneficiary is temporarily coming to the US to work in an area requiring an employee with extraordinary ability in your field.
Agents – The US agent can be –
- The actual employer of the O-1 beneficiary,
- A representative of both O-1 beneficiary and the employer, or
- An agent authorized by the employer to act for, or in place of, the employer.
Application Process O-2 Visa – Same as for O-1 visa
Consultation – Same as for O-1 visa
Agents – Same as for O-1 Visa
Evidentiary Criteria for O-2
The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.
In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.
Post Petition Approval
Once the visa petition is approved for O-1/O-2 by USCIS, the beneficiary can apply at a US embassy or consulate for the visa. The Department of State (DOS) establishes visa application processing and issuance fees.